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2 Hub and spoke - vertical relationships - converted to horizontal cartels –Undertakings must determine policy independently –Concerted practice = Co-ordination between undertakings which, without having reached the stage where an agreement, properly so called, has been concluded, knowingly substitutes practical co-operation between them for the risks of competition (Dyestuffs) –An exchange can be anti-competitive by object if it is capable of removing the uncertainties concerning intended conduct (T-Mobile) –Presumption have taken into account information exchanged (Anic) –Co-ordinator, not an industry player, facilitates cartel organisation –Treuhand –objective: did X contribute - even in subsidiary, accessory or passive role? –subjective: manifestation of intention to contribute to common objectives B AC

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4 JJB Sports v Office of Fair Trading –Retailer A discloses to Supplier B its future pricing intentions in circumstances where A may be taken to intend that B will make use of that information to influence market conditions by passing that information to other retailers (of whom C is or may be one), –B does, in fact, pass that information to C in circumstances where C may be taken to know the circumstances in which the information was disclosed by A to B, and –C does, in fact, use the information in determining its own future pricing intentions, … then A, B and C are all to be regarded as parties to a concerted practice having as its object the restriction or distortion of competition